A district court ordered EPA to issue federal implementation plans fully resolving interstate transport obligations under the CAA's "good neighbor" provision for the 2008 ozone NAAQS. EPA conceded that it missed the deadline to do so under the Act. The Agency also acknowledged that it was feasible t...

The Tenth Circuit refused to stay pending interlocutory appeal a lower court order staying BLM's waste prevention rule, which was issued to reduce the venting, flaring, and leaking of natural gas emissions during oil and gas production activities on onshore federal land. California, New Mexico, and ...

The D.C. Circuit upheld amendments EPA made to its CAA regional consistency regulations that allow regional offices to act counter to national policies when ordered to do so by federal circuit courts. EPA issued the amended regulations in 2016 in response to the D.C. Circuit's decision in National E...

A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-interest sold right-of-way easements to a railroad for operation o...

A district court dismissed an environmental group's lawsuit challenging the constitutionality of the Congressional Review Act (CRA), under which Congress recently passed a resolution disapproving an FWS rule that prohibited certain hunting and trapping practices on National Wildlife Refuges in Alask...

The Federal Circuit held that the U.S. government is not liable for flood damages that property owners in the New Orleans area incurred following Hurricane Katrina. The property owners filed suit under the Tucker Act, alleging that the government's construction and operation of the Mississippi River...